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What are the main aggravating factors?
the sentence reaches up to two thirds if the offense is carried out by a defendant already subjected to conviction for the murder referred to in the first paragraph. 2) the sentence reaches up to half and is punishable ex officio if the crime takes place against a minor and if one of the conditions expected by Article 339 of the Criminal Code is foreseen. 3) can also be prosecuted ex officio if the crime occurs with heavy intimidation and in the circumstance in which the crime takes place with another crime for which it can proceed ex officio. What is the term to request the conviction of the accused? The crime is punishable by the victim s appeal.
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The appeal must be presented within 6 months. It can be prosecuted ex officio, as stated, if the crime occurs against a child or disabled person and even when the crime takes place with another crime for which it can proceed automatically.
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Intimidation is a form of offense of an auxiliary nature, since it identifies itself as an independent form only when the offense is not conceived as a constitutive character or an aggravating cause of another wrongdoing (for example intimidation against a political body, representing the different crime of in Article 338 of the Criminal Code).
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The actual cause of the unlawful act of intimidation consists in foreseeing for an individual an unequal evil, that is, against the law, to the individual or to the patrimonial asset, which occurs, in a more or less proximate period, through the agent s intention, even if it does not derive directly from it.
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The same, however, must be considered apart from those circumstances which, while presenting themselves as intimidation, instead consist of offenses or insults. As long as intimidation is identified, it is useful that the evil provoked be raised and that it is connected to a person who can be identified.
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Both the methods and the instruments by which intimidation is protracted are insignificant and, therefore, the offense can take place verbally, with letters or actions, expressly or tacitly, directly or indirectly, as well as with univocal conduct capable of arousing concern.
In order for the illegal act of intimidation to occur, the participation of the passive person is not useful, when he has knowledge of it, as well as being able to contact family members, friends and colleagues, when the defendant is sure that the intimidation will be informed receiving.
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The fact that intimidation takes place as an effect of an intimidating or provocative conduct of the injured person is not relevant for the determination of the offense.
Cause of intimidation must inevitably be an iniquitous evil. For damage must be considered any offense or infringement of a material good or interest of the victim.
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Damage must be unlawful: this is any fundamental offense at the legal level and contrary to legislation. While it does not represent unfair damage the intimidation of exercising one s own right, as well as that which is a useful tool to avert the offense of an interest, be it material or ethical, placed at the risk of the victim.
As regards the scope of the act of intimidation, it is evident in the pure knowledge of the offense perceived by the injured person. In fact it is not useful to reproduce the vexatious cause, concerning intimidation. Article. 635 criminal code (damage) assumes that any person who demolishes, dissolves, damages or renders, in whole or in part, inoperable movable or immovable objects of other persons is condemned, with recourse to the victim, with imprisonment up to 1 year or with the fine up to 309 $.
The conviction for the unlawful damage provides for imprisonment from 6 months to 3 years, and is punishable ex officio if the crime is committed: with abuse to the victim or with intimidation; from employers in anticipation of closures, or from employees in anticipation of strike, and in anticipation of the suspension of public employment or public need (Article 331 of the Civil Code); on public buildings or addressed for public use or for devotional activity or on historical or artistic assets located in any or on immovable property included in the historic downtown area, or on assets available in public offices or institutes, or subject to confiscation or seizure, or subjected to light for need or for routine or for public faith purposes, or addressed to public service or public utility, protection or reverence; above works directed to irrigation; over trees of vines or fruits, or on pine forests, forests or scrublands, and on greenhouses used for reforestation.
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The crime of damage defends the right of property against the transgressors whose purpose is the demolition of the thing. The current legal study identifies the legal thing protected in law, the safety of the property, of which the owner is responsible, as well as those who enjoy the good. The active person of the crime can